The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999

Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678. Functions under this enactment are treated as exercisable in or as regards Scotland for the purposes of section 63 of the 1998 Act by virtue of S.I. 1999/1748.

Amended by S.I. 1960/799.

Amended by S.I. 1971/583, 1327 and 1466, 1972/1642, 1974/1533 and 1796, 1975/1718, 1976/1707, 1977/1705, 1978/1578, 1979/1287, 1980/1616, 1986/1380; restricted to “old cases” by S.I. 1987/256.

Amended by S.I. 1971/585, 1402 and 1501; restricted to “old cases” by S.I. 1973/433.

Restricted to “old cases” by S.I. 1973/434.

Amended by S.I. 1974/1630; 1979/784, 1980/1411.

Amended by S.I. 1974/1629, 1979/783, 1980/1410, 1982/1660, 1987/1699.

Amended by S.I. 1975/7.

Amended by S.I. 1981/1785.

Amended by S.I. 1975/1864 and 1983/264.

Amended by S.I. 1983/263.

Amended by S.I. 1983/265.

Amended by S.I. 1981/1054.

Amended by S.I. 1981/1018.

Amended by S.I. 1987/256.

Amended by S.I. 1985/2036 and 1992/3046.

Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678.

Amended by S.I. 1986/701.

Amended by S.I. 1987/256 and 1907.

Amended by S.I. 1987/256 and 341, 1992/2349.

Amended by S.I. 1987/2215, 1988/1339, 1989/733, 1990/805, 1991/1517, 1992/1343 and 2349, 1994/641, 1996/867, 1997/1429 and 2852 and 1998/577.

Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678. Functions under this enactment are treated as exercisable in or as regards Scotland for the purposes of section 63 of the 1998 Act by virtue of S.I. 1999/1748.

Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678.

Amended by S.I. 1988/625, 1989/422, 802 and 967, 1990/422 and 1284, 1991/78, 1992/1220, 1597 and 3025, 1993/1593, 2013 and 3044, 1994/5311, 1995/214, 750, 2865 and 3294, 1996/414 and 1241 and 1997/674, 1143, 1373, 1435 and 3048, restricted by S.I. 1998/364.

Part III was amended by S.I. 1990/526 and 1994/2012.

Amended by S.I. 1996/422, 1997/629. Functions under this enactment were modified by the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756).

Amended by S.I. 1997/2309 and 2851 and 1998/1010.

Amended by S.I. 1992/1025 and 1597, 1993/490 and 2513, 1994/1715 and 2699, 1995/840 and 1670, 1997/676, 1998/718.

Amended by S.I. 1997/1434 and 1916, 1998/1593.

Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678. The Deregulation (Model Appeal Provisions) Order 1996 was applied by the Chemical Weapons (Licence Appeal Provisions) Order 1996 (S.I. 1996/3030).

Amended by S.I. 1997/675, 1998/719.

Function transferred from Lord Advocate to Secretary of State by S.I. 1999/678.

Restricted by S.I. 1998/364, regulation 4(3).

Section 37B was inserted by the Local Government etc. (Scotland) Act 1994 (c. 39), section 103; section 55(4) is substituted by the Environment Act 1995 (c. 25), Schedule 21, paragraph 2; it has not yet been commenced.

Part III was amended by S.I. 1990/526 and1994/2012.

Sections 36(2B) and 42A were added by the Environment Act 1995 (c. 25), Schedule 22 and section 105(3C) was added by Schedule 21 to that Act.

Section 110A(4) was inserted by the Environment Act 1995 (c. 25), Schedule 21, paragraph 5. It has not yet been commenced.

The functions under these enactments were modified by the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756).

Schedule 2 is repealed (prospectively) by the Social Security Act 1998 (c. 14), Schedule 8.

Section 14 was amended by the National Lottery Act 1998 (c. 22), Schedule 1, paragraph 13. The functions under this enactment were modified by S.I. 1999/1756.

Section 25C was inserted by the National Lottery Act 1998, section 13; and section 25D by S.I. 1999/1756. These functions under section 25C were modified by S.I. 1999/1756.

The functions under these enactments were modified by S.I. 1999/1756.

Section 43D was inserted by the National Lottery Act 1998, section 7(2). The function under this enactment was modified by S.I. 1999/1756, which added subsection (6).

The function under this enactment was modified by S.I. 1999/1756.

Section 16(1) was amended and section 16(1A) inserted by the Energy Act 1983 (c. 25), section 27; section 18(1B) was inserted by that Act, section 28(2); section 21(1A) was inserted by that Act, section 29(2); section 26(1) was amended by that Act, section 32.

Functions under this enactment are treated as Exercisable in or as Regards Scotland for the purposes of section 63 of the 1998 Act by virtue of the Scotland Act 1998 (Functions exercisable in or as regards Scotland) Order 1999 (S.I. 1999/1756).

Subsection (3A) was inserted in section 2 by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 47(1).

The function under this enactment was modified by the Scotland Act 1998 (Modification of Functions) Order 1999 S.I. 1999/1756 which inserted subsection (1A).

The function under this enactment was modified by S.I. 1999/1756, which inserted subsection (1A).

The function under this section was modified by S.I. 1999/1756, which added subsections (8) and (9).

Sections 5 and 6 were amended by the Environmental Protection Act 1990 (c. 43), section 146(2) and (3). The functions under sections 7 and 10 of the 1985 Act were modified by S.I. 1999/1756.

Paragraph (b)(i) and (ii) was inserted by S.I. 1999/1756.

Section 14A was inserted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 47(5).

The function under this enactment was modified by S.I. 1999/1756 which inserted paragraph 2(1A) of Schedule 8.

The functions under section 26 were adapted by S.I. 1999/1756, which inserted section 26A.

Section 43C was inserted by the National Lottery Act 1998, section 7(2). The function under section 43C(1) was adapted by S.I. 1999/1756, which inserted section 43CC.

Schedule 3A was inserted by the National Lottery Act 1998, section 12 and Schedule 3. The functions under paragraph 2(1) and (2) were adapted by S.I. 1999/1756, which added subparagraph (6).

The functions under section 29 were adapted by the S.I. 1999/1756 Order, which added subsection (6).

Schedule 6A was inserted by the National Lottery Act 1998, section 7 and Schedule 2.

The function under this enactment was modified by S.I. 1999/1756.

The function under this enactment was modified by S.I. 1999/1756.

Function transferred from Lord Advocate to Secretary of State by the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678). Functions under this enactment are treated as Exercisable in or as Regards Scotland for the purposes of section 63 of the 1998 Act by virtue of the Scotland Act 1998 (Functions exercisable in or as regards Scotland) Order 1999 (S.I. 1999/1748).

The function under this enactment was modified by S.I. 1999/1756, which inserted paragraph 3(1A).

1949 c. 54.

1991 c. 48.

1992 c. 5.

1998 c. 14.

1994 c. 23.

1943 c. 39.

S.I. 1981/500.

Section 32A was inserted by the Police and Magistrates' Courts Act 1994 (c. 29), section 56.

Section 15 was substituted by the Firearms (Amendment) Act 1997 (c. 5), section 45(1).

Schedule 1 was amended by the Firearms (Amendment) Act 1997 (c. 5), section 47.

The functions of the Lord Advocate under the Act were transferred to the Secretary of State by the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678); section 13 was amended by the Pensions Act 1995 (c. 26), Schedule 7, Part III, and by the Social Security Act 1998 (c. 14), Schedule 7, paragraph 120.

The functions of the Lord Advocate under sections 90 and 91 were transferred to the Secretary of State by the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678).

Art. 1 in force at 1.7.1999, see art. 1(1)

Art. 2 in force at 1.7.1999, see art. 1(1)

Art. 3 in force at 1.7.1999, see art. 1(1)

Art. 4 in force at 1.7.1999, see art. 1(1)

Art. 5 in force at 1.7.1999, see art. 1(1)

Art. 6 in force at 1.7.1999, see art. 1(1)

Art. 7 in force at 1.7.1999, see art. 1(1)

Sch. 4 para. 1 in force at 1.7.1999, see art. 1(1)

Sch. 4 para. 2 in force at 1.7.1999, see art. 1(1)

Sch. 5 para. 2 in force at 1.7.1999, see art. 1(1)

Sch. 5 para. 4 in force at 1.7.1999, see art. 1(1)

Sch. 5 para. 5 in force at 1.7.1999, see art. 1(1)

Sch. 5 para. 7 in force at 1.7.1999, see art. 1(1)

Sch. 5 para. 8 in force at 1.7.1999, see art. 1(1)

Sch. 5 para. 9 in force at 1.7.1999, see art. 1(1)

Sch. 5 para. 10 in force at 1.7.1999, see art. 1(1)

Sch. 5 para. 11 in force at 1.7.1999, see art. 1(1)

Sch. 5 para. 12 in force at 1.7.1999, see art. 1(1)

Sch. 5 para. 13 in force at 1.7.1999, see art. 1(1)

Sch. 5 para. 14 in force at 1.7.1999, see art. 1(1)

Sch. 5 para. 15 in force at 1.7.1999, see art. 1(1)

Sch. 5 para. 16 in force at 1.7.1999, see art. 1(1)

Sch. 5 para. 17 in force at 1.7.1999, see art. 1(1)

Sch. 5 para. 18 in force at 1.7.1999, see art. 1(1)

Sch. 1 in force at 1.7.1999, see art. 1(1)

Sch. 2 in force at 1.7.1999, see art. 1(1)

Sch. 3 in force at 1.7.1999, see art. 1(1)

Words in Sch. 1 omitted (15.6.2000) by virtue of The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2000 (S.I. 2000/1563), arts. 1(1), 6(2) (with art. 9)

Words in Sch. 1 substituted (15.12.2000) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2000 (S.I. 2000/3253), arts. 1(1), 4(3)(a)(i) (with art. 6)

Words in Sch. 1 omitted (15.12.2000) by virtue of The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2000 (S.I. 2000/3253), arts. 1(1), 4(3)(a)(ii) (with art. 6)

Sch. 5 para. 6 omitted (15.12.2000) by virtue of The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2000 (S.I. 2000/3253), arts. 1(1), 4(3)(b) (with art. 6)

Sch. 5 para. 14(3)(4) omitted (15.12.2000) by virtue of The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2000 (S.I. 2000/3253), arts. 1(1), 4(3)(b) (with art. 6)

Sch. 5 para. 1 revoked (26.3.2001) by The Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001 (S.I. 2001/1149), art. 1(2), Sch. 2 (with art. 4(11))

Sch. 1 entry omitted (30.4.2001) by virtue of The Financial Services and Markets Act 2000 (Dissolution of the Insurance Brokers Registration Council) (Consequential Provisions) Order 2001 (S.I. 2001/1283), arts. 1(1), 4(2)

Words in Sch. 1 omitted (15.12.2006) by virtue of The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 3) Order 2006 (S.I. 2006/3258), arts. 1(2), 3(1) (with art. 5)

Words in Sch. 1 omitted (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by virtue of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), Sch. 1 para. 23(a)

Words in Sch. 1 omitted (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by virtue of The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), Sch. 1 para. 23(b)

Words in Sch. 1 substituted (1.3.2007) by Civil Aviation Act 2006 (c. 34), ss. 12(1), 14(3) (with s. 12(2)); S.I. 2007/598, art. 2, Sch. 1

Sch. 1: entries revoked (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 228(v)

Words in Sch. 1 revoked (22.3.2013) by The Public Bodies (Abolition of the Aircraft and Shipbuilding Industries Arbitration Tribunal) Order 2013 (S.I. 2013/686), art. 1(2), Sch. 2

Words in Sch. 2 omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 78(2) (with Sch. 3 para. 11)

Sch. 4 para. 1(1)(b)(c) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 78(3) (with Sch. 3 para. 11(2)(3))

Words in Sch. 1 repealed (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 9 para. 17 (with Sch. 10 paras. 12, 17); S.I. 2013/589, art. 5(1)(b)

Words in Sch. 3 revoked (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 30; S.I. 2014/251, art. 4

Words in Sch. 1 omitted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by virtue of The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), art. 1(2), Sch. 2 para. 8(2)(a) (with art. 40)

Words in Sch. 1 omitted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by virtue of The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), art. 1(2), Sch. 2 para. 8(2)(b) (with art. 40)

Words in Sch. 3 omitted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by virtue of The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), art. 1(2), Sch. 2 para. 8(3) (with art. 40)

Words in Sch. 1 omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 28(a)

Words in Sch. 1 omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 28(b)

Words in Sch. 1 omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 28(c)

Sch. 3 entry omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 29(a)

Sch. 3 entry omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 29(b)

Words in Sch. 1 omitted (6.4.2020) by virtue of The Healthy Start Scheme and Welfare Food (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/267), regs. 1(2), 26(a)

Sch. 4 para. 3 omitted (6.4.2020) by virtue of The Healthy Start Scheme and Welfare Food (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/267), regs. 1(2), 26(b)

Words in Sch. 1 revoked (1.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148(5), Sch. 23 Pt. 1; S.I. 2008/2696, art. 6(c)

Art. 2 restricted (19.1.2005) by 1984 c. 27, Sch. 9 para. 12A (as inserted by Civil Contingencies Act 2004 (c. 36), s. 34(1), Sch. 2 para. 16(4)(b); S.I. 2004/3281, art. 2(3)(4)(a))

Sch. 5 para. 10(4) omitted (31.10.2012) by virtue of Scotland Act 2012 (c. 11), ss. 17(10)(c), 44(5); S.I. 2012/2516, art. 2(c)

Sch. 5 para. 3 omitted (14.7.2014) by virtue of Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 109(4)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(b)

Sch. 5 para. 18(2)-(6)(7)(a)(8) omitted (14.7.2014) by virtue of Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 109(4)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(b)

Words in Sch. 2 omitted (31.12.2012) by virtue of Scotland Act 2012 (c. 11), ss. 17(10)(b), 44(5); S.I. 2012/2516, art. 2(c)

Words in Sch. 2 revoked (1.2.2001) by Transport Act 2000 (c. 38), s. 275(1), Sch. 31 Pt. 4; S.I. 2001/57, art. 3, Sch. 2 Pt. 1

Words in Sch. 1 omitted (31.10.2012) by virtue of Scotland Act 2012 (c. 11), ss. 17(10)(a), 44(5); S.I. 2012/2516, art. 2(c)

Words in Sch. 1 revoked (5.12.2005) by Disability Discrimination Act 2005 (c. 13), s. 20(3), Sch. 2; S.I. 2005/2774, art. 3(k)(iii)

Words in Sch. 1 omitted (14.7.2014) by virtue of Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 109(4)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(b)